Territorial Rights, Political Association, and Immigration

Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom.</jats:p

Cosmopolitan democratic and communicative rights:The Danish cartoons controversy and the right to be heard, even across borders

During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of political power—taking into account reasonable constraints of feasibility and practicality—that they have refused to receive information, ideas, or opinions from individuals, or their representatives, with dissenting viewpoints. The article also articulates one possible theoretical ground for such a moral criticism: that they could be violating a fundamental (cosmopolitan) moral right of people to submit information, ideas, or opinions to those who wield power over them and to be meaningfully heard—a right which can span state borders